CASE SUMMARY
On February 7, 2022, two Native American tribes filed a federal lawsuit against North Dakota's Secretary of State challenging the state's enacted legislative plan as violating the federal Voting Rights Act. The Turtle Mountain Band of Chippewa Indians and the Spirit Lake Tribe both allege that the enacted plan violates Section 2 of the VRA because it dilutes the voting strength of voters in their reservations by "packing" and "cracking" them, reducing the number of state House districts in which Native American voters have the opportunity to elect candidates of their choice from two to one. They are seeking a declaratory judgment that the enacted legislative plan violates the Voting Rights Act, a preliminary and permanent injunction barring the defendants from using the plan in future elections, a court order establishing a deadline by which the state must enact a new, lawful plan, and for the court to order the adoption of its own plan in the event the state fails to do so.
Similar Case: Walen v. Burgum
CASE LIBRARY
U.S. District Court for the District of North Dakota, Eastern Division - No. 3:22-cv-22
- Complaint - 2/7/22
- Stipulation for Extension of Deadline to Answer Complaint - 2/18/22
- Defendant's Motion to Dismiss - 4/15/22
- Memorandum in Support of Defendant's Motion to Dismiss - 4/15/22
- Affidavit of David R. Phillips - 4/15/22
- Stipulation for Extension of Time to File Response to Defendant's Motion to Dismiss - 5/6/22
- Plaintiffs' Response in Opposition to the Defendant's Motion to Dismiss - 5/13/22
- Statement of Interest of the United States - 5/20/22
- Reply Memorandum in Support of Defendant's Motion to Dismiss - 5/27/22
- Stipulated Scheduling/Discovery Plan - 7/1/22
- Order Denying Motion to Dismiss - 7/7/22
- Defendant's Answer - 7/21/22
- Order for Final Pretrial Conference and Order Setting Trial Preparation Deadlines - 9/30/22
- Memorandum in Support of Respondents Motion to Quash Subpoena to Testify at a Deposition - 11/17/22
- Plaintiffs' Opposition to North Dakota Legislative Assembly's and Rep. William A. Devlin's Motion to Quash - 12/1/22
- Plaintiffs' Unopposed Motion for Leave to File a Supplemental Complaint - 12/6/22
- Supplemental Complaint - 12/7/22
- Memorandum in Reply to Plaintiffs' Response to Motion to Quash Subpoena to Testify at a Deposition in a Civil Action - 12/8/22
- Plaintiffs' Motion to Enforce Subpoenas Served on Members of the North Dakota Legislative Assembly and Legislative Council Staff - 12/22/22
- Order - 12/22/22
- Representative William Devlin and the North Dakota Legislative Assembly's Notice of Appeal - 1/5/23
- Memorandum in Opposition to Plaintiffs' Motion to Enforce Subpoenas Served on Members of the North Dakota Legislative Assembly and Legislative Counsel Staff - 1/5/23
- Defendant's Answer to Supplemental Complaint - 1/6/23
- Affidavit of Emily Thompson - 1/11/23
- Reply in Support of Plaintiffs' Motion to Enforce Subpoenas Served on Members of the North Dakota Legislative Assembly and Legislative Council Staff - 1/12/23
- Response in Opposition to Representative William Devlin's Appeal of the Magistrate's December 22, 2022 Order Denying Motions to Quash - 1/19/23
- Affidavit of David R. Phillips - 2/1/23
- Consented Motion for Extension of Time to File Summary Judgment Briefs - 2/7/23
- Order - 2/10/23
- Plaintiffs' Response in Opposition to Defendant's Motion for Summary Judgment - 3/1/23
- Declaration of Scott K. Porsborg - 3/10/23
- Order - 3/14/23
- Order - 3/14/23
- Defendant's Reply Memorandum in Support of Motion for Summary Judgment - 3/15/23
- Affidavit of David R. Phillips - 3/15/23
- Second Affidavit of Emily Thompson - 3/27/23
- Memorandum in Opposition to Plaintiffs' Motion to Set Deadlines to Comply with Third-Party Discovery; and Emergency Motion and Supporting Memorandum to Stay by Third-Parties ... - 3/27/23
- Notice of Appeal by Third Parties ... - 3/27/23
- Plaintiffs' Reply in Support of Motion to Set Deadlines to Comply with Third-Party Discovery and Opposition to Respondents' Motion for Stay Pending Appeal - 3/28/23
- Respondents' Memorandum in Reply to Plaintiffs' Opposition to Respondents' Motion for Stay Pending Appeal - 3/30/23
- Order Denying Motion for Summary Judgment - 4/10/23
- Order - 4/11/23
- Defendants' Motion in Limine - 5/12/23
- Memorandum in Support of Defendants' Motion in Limine - 5/12/23
- Affidavit of David R. Phillips - 5/12/23
- Plaintiffs' Motion in Limine to Exclude Matthew Campbell and Alan Herbison from Defendant's Witness List - 5/12/23
- Plaintiffs' Memorandum in Support of Motion in Limine to Exclude Matthew Campbell and Alan Herbison from Defendant's Witness List - 5/12/23
- Affidavit of David R. Phillips - 5/24/23
- Plaintiffs' Opposition to Defendant's Motion in Limine - 5/22/23
- Defendant's Memorandum in Response to Plaintiffs' Motion in Limine to Exclude Matthew Cmpbell and Alan Herbison from Defendant's Witness List - 5/24/23
- Plaintiffs' Reply in Support of Motion in Limine to Exclude Matthew Campbell and Alan Herbison from Defendant's Witness List - 5/30/23
- Reply Memorandum in Support of Defendants' Motion in Limine - 5/30/23
- Final Pretrial Order - 5/30/23
- Defendant Michael Howe's Trial Memorandum - 6/5/23
- Plaintiffs' Trial Memorandum - 6/5/23
- Omnibus Order on Motions in Limine - 6/9/23
- Stipulated Facts - 6/11/23
- Plaintiffs' Motion for Leave to Make an Offer of Proof - 6/12/23
- Defendant's Response in Opposition to Plaintiffs' Motion for Leave to Make an Offer of Proof - 6/13/23
- Plaintiffs' Consented Motion for Extension of Time top Submit Proposed Findings of Fact and Conclusions of Law - 6/29/23
- Plaintiffs' Proposed Findings of Fact and Conclusions of Law - 7/7/23
- Defendants' Proposed Findings of Fact, Conclusions of Law, and Order for Judgment - 7/7/23
United States Court of Appeals for the Eighth Circuit - No. 23-1597
United States Court of Appeals for the Eighth Circuit - No. 23-1600 (In Re: North Dakota Legislative Assembly, et al)
- Petition for Writ of Mandamus - 3/28/23
- Order - 4/3/23
- Emergency Motion for Stay of District Court's April 11, 2023, Order [...] - 4/13/23
- Brief of Respondents in Opposition to Petition for a Writ of Mandamus - 4/17/23
- Order - 4/17/23
- Opinion - 6/6/23
- Judgment - 6/6/23
- Respondents' Motion for an Extension - 6/15/23
- Order - 6/20/23
- Respondents' Petition for Rehearing En Banc - 7/20/23
- Order - 8/2/23
- Order - 9/6/23
- Mandate - 9/13/23